Except as otherwise provided herein, purchases and contracts for supplies, services and equipment of estimated market value greater than the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter, shall be by contract, approved by the council by resolution or motion, with the lowest responsible bidder pursuant to the procedure prescribed in this article except when such procedures may be dispensed with as defined in Article I of this chapter or as otherwise provided by law. Standard contracts may be used when approved by city attorney and council by resolution or motion. Contracts shall be provided to council prior to approval. Standard contracts may be incorporated by reference into an agenda report with specification of the parties, term, scope of work, price, and contingencies to extend the term and/or increase the price. (The procedures prescribed in Article IV of this chapter shall be observed in the case of all public works projects, as defined in Article IV of this chapter, involving expenditures greater than the maximum amount for which the purchasing agent is authorized, as specified in Article II of this chapter.)
(Ord. 1405 N.S. § 2, 1984; Ord. 14-005 § 2, 2014; Ord. 22-017 § 4, 2022)
Notice inviting bids shall include a general description of the article(s) to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
(Ord. 1405 N.S. § 2, 1984)
Notice inviting bids shall be published at least 10 days before the date of opening of the bids. Notice shall be published once in an official newspaper of the city.
(Ord. 1405 N.S. § 2, 1984)
The purchasing agent shall also solicit sealed bids from all prospective suppliers known to the purchasing agent as responsible vendors dealing in the product to be purchased.
(Ord. 1405 N.S. § 2, 1984)
When deemed necessary bidders' security may be prescribed in the notice and solicitation for bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within 15 calendar days after notice of award of contract has been mailed, unless the city is responsible for the delay. The council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder.
(Ord. 1405 N.S. § 2, 1984)
Sealed bids shall be submitted to the purchasing agent and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the notice. A tabulation of all bids received shall be open for public inspection during regular hours for a period of not less than two years after the bid opening.
(Ord. 1405 N.S. § 2, 1984)
The council may reject any and all bids presented and may, in its discretion, readvertise for other bids.
(Ord. 1405 N.S. § 2, 1984)
After rejecting bids the council may determine and declare by a vote of at least five of its members that the supplies, services, materials or equipment may be purchased at a lower price in the open market, and after adoption of a resolution to that effect, it may direct the purchasing agent to so purchase.
(Ord. 1405 N.S. § 2, 1984)
If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of readvertising for bids, the council shall determine the successful bidder by drawing of lots.
(Ord. 1405 N.S. § 2, 1984)
The city shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the city requires a performance bond, the form and amount of the bond shall be described in the notice of solicitation inviting bids.
(Ord. 1405 N.S. § 2, 1984)